Amended in Assembly May 13, 2015

Amended in Assembly March 24, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 683

Introduced by Assembly Member Low

February 25, 2015

An act to amend Sections 2053, 9082.7, and 13300.7 of the Elections Code, relating to begin delete ballot materials. end delete begin insert elections. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 683, as amended, Low. begin delete Online ballot materials: accessibility. end delete begin insert Voting Accessibility Advisory Committee. end insert

begin delete Under existing end delete begin insert Existing end insert law, the Visually Impaired Voter Assistance Act of 1989, begin insert requires end insert the Secretary of State begin delete is required end delete to establish a Visually Impaired Voter Assistance Board begin insert and prescribes the composition of the board, as specified. Under existing law the board is required end insert to, among other things, make recommendations to the Secretary of State for improving the availability and accessibility of ballot pamphlet audio recordings and their delivery to visually impaired voters. Existing law also requires the Secretary of State to make available the complete state ballot pamphlet over the Internet, which is required to include specified information. Existing law further authorizes county and city elections officials to establish procedures designed to permit a voter to opt out of receiving his or her sample ballot, voter pamphlet, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s Internet Web site, as specified.

This bill would begin delete require the Visually Impaired Voter Assistance Board to end delete begin insert rename the board as the Voting Accessibility Advisory Committee and would instead require the committee to advise the Secretary of State on improving the accessibility of elections, including election materials, for all voters with disabilities, and would revise the composition of the committee, as specified. The bill would require the Secretary of State to consult with the committee and consider the committee’s recommendations, which the Secretary of State could implement at his or her discretion. The bill would also require the committee to end insert make additional recommendations to the Secretary of State for improving the accessibility of election materials made available over the Internet, begin delete as specified. The bill would also end delete begin insert and would end insert require the elections materials made available over the Internet to begin delete conform to end delete begin insert meet or exceed end insert certain standards and guidelines, as specified. begin insert The bill would further require the committee to make recommendations for providing voters with disabilities the same access and participation as is provided to other voters who are not disabled, including the ability to vote privately and independently. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 2053 of the Elections Code is amended
to read:

2053.  

begin delete (a) end delete begin delete   end delete The Secretary of State shall establish a begin delete Visually
Impaired Voter Assistance Advisory Board. The board shall consist
of the Secretary of State, or his or her designee, and the following
membership, appointed by the Secretary of State: end delete begin insert Voting
Accessibility Advisory Committee. The Secretary of State shall
consult with the committee and consider the committee’s
recommendations related to improving the accessibility of elections
for voters with disabilities. The Secretary of State may implement
the committee’s recommendations as he or she deems appropriate. end insert

begin delete

(1) A representative from the State Advisory Council on
Libraries.

end delete begin delete

(2) One member from each of three private organizations. Two
of the organizations shall be representative of organizations for
blind persons in the state.

end delete begin insert

(a) The committee shall consist of the Secretary of State, his or
her designees, and additional members appointed by the Secretary
of State. The appointees shall have demonstrated experience with
accessibility requirements for voters with disabilities or be a county
elections official.

end insert

(b) The begin delete board end delete begin insert committee end insert shall begin insert serve in an advisory capacity to
the Secretary of State and shall end insert do all of the following:

(1) Establish guidelines for reaching as many begin delete visually impaired
persons end delete begin insert voters with disabilities end insert as practical.

(2) Make recommendations begin delete to the Secretary of State end delete for
improving the availability and accessibility of begin delete ballot pamphlet
audio recordings end delete begin insert election materials end insert and their delivery to begin delete visually
impaired voters. The Secretary of State may implement the
recommendations made by the board. end delete begin insert voters with disabilities. end insert

(3) Increase the distribution of public service announcements
identifying the availability of begin delete ballot pamphlet audio recordings end delete
begin insert election materials for voters with disabilities end insert at least 45 days before
any federal, state, and local election.

(4) Make recommendations begin delete to the Secretary of State end delete for
improving the accessibility of election materials made available
over the begin delete Internet, including the state ballot pamphlet pursuant to
Section 9082.7, the sample ballot and notice of polling place
pursuant to Section 13303, the voter pamphlet pursuant to Section
13307, and any associated materials. In making recommendations
pursuant to this paragraph, the board shall consider the following: end delete
begin insert Internet. end insert

begin delete

(A) Nonvisual accessibility for the blind and visually impaired,
in a manner that provides the same opportunity for access as
provided to other voters who are not disabled.

end delete begin delete

(B) Recommendations from representatives of blind consumer
organizations, experts in accessible software and hardware design,
and any other individual or organization the Secretary of State or
board determines to be appropriate.

end delete

(5) Promote the Secretary of State’s toll-free voter registration
telephone line for citizens needing voter registration information,
including information for begin delete those who are visually handicapped, end delete
begin insert individuals with disabilities, end insert and the begin delete toll-free telephone service
regarding the end delete California State Library and regional library begin delete service end delete
begin insert services end insert for begin delete the visually impaired. end delete begin insert individuals who are unable to
read conventional print due to a visual or physical disability. end insert

begin insert

(6) Make recommendations for providing voters with disabilities
the same access and participation as is provided to other voters
who are not disabled, including the ability to vote privately and
independently.

end insert

(c) A member shall not receive compensation, but each member
shall be reimbursed for his or her reasonable and necessary
expenses in connection with service on the begin delete board. end delete begin insert committee. end insert

SEC. 2.  

Section 9082.7 of the Elections Code is amended to
read:

9082.7.  

(a) The Secretary of State shall make available the
complete state ballot pamphlet over the Internet. The online version
of the state ballot pamphlet shall contain all of the following:

(1) For each candidate listed in the pamphlet, a means to access
campaign contribution disclosure reports for the candidate that are
available online.

(2) For each state ballot measure listed in the pamphlet, a means
to access the consolidated information specified in subdivision
(b).

(b) The Secretary of State shall create an Internet Web site, or
use other available technology, to consolidate information about
each state ballot measure in a manner that is easy for voters to
access and understand. The information shall include all of the
following:

(1) A summary of the ballot measure’s content.

(2) The total amount of reported contributions made in support
of and opposition to the ballot measure, calculated and updated as
follows:

(A) (i) The total amount of contributions in support of the ballot
measure shall be calculated by adding together the total amounts
of contributions made in support of the ballot measure and reported
in semiannual statements required by Section 84200 of the
Government Code, preelection statements required by Section
84200.5 of the Government Code, campaign statements required
by Section 84202.3 of the Government Code, and late contribution
reports required by Section 84203 of the Government Code that
are reported within 16 days of the election at which the measure
will appear on the ballot.

(ii) The total amount of contributions in opposition to the ballot
measure shall be calculated by adding together the total amounts
of contributions made in opposition to the ballot measure and
reported in semiannual statements required by Section 84200 of
the Government Code, preelection statements required by Section
84200.5 of the Government Code, campaign statements required
by Section 84202.3 of the Government Code, and late contribution
reports required by Section 84203 of the Government Code that
are reported within 16 days of the election at which the measure
will appear on the ballot.

(iii) For purposes of determining the total amount of reported
contributions pursuant to this subparagraph, the Secretary of State
shall, to the extent practicable with respect to committees primarily
formed to support or oppose a ballot measure, do both of the
following:

(I) Ensure that transfers of funds between primarily formed
committees are not counted twice.

(II) Treat a contribution made to a primarily formed committee
that supports or opposes more than one state ballot measure as if
the total amount of that contribution was made for each state ballot
measure that the committee supports or opposes.

(B) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be updated not
later than five business days after receipt of a semiannual statement,
campaign statement, or preelection statement and not later than
two business days after receipt of a late contribution report within
16 days of the election at which the measure will appear on the
ballot.

(C) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be accompanied
by an explanation that the contribution totals may be overstated
due to the inclusion of contributions made to committees
supporting or opposing more than one state ballot measure, as
required by subclause (II) of clause (iii) of subparagraph (A).

(3) A current list of the top 10 contributors supporting and
opposing the ballot measure, if compiled by the Fair Political
Practices Commission pursuant to subdivision (e) of Section 84223
of the Government Code.

(4) (A) A list of each committee primarily formed to support
or oppose the ballot measure, as described in Section 82047.5 of
the Government Code, and a means to access information about
the sources of funding reported for each committee.

(B) Information about the sources of contributions shall be
updated as new information becomes available to the public
pursuant to the Political Reform Act of 1974 (Title 9 (commencing
with Section 81000) of the Government Code).

(C) If a committee identified in subparagraph (A) receives one
million dollars ($1,000,000) or more in contributions for an
election, the Secretary of State shall provide a means to access
online information about the committee’s top 10 contributors
reported to the Fair Political Practices Commission pursuant to
subdivision (a) of Section 84223 of the Government Code.

(D) Notwithstanding paragraph (1) of subdivision (c) of Section
84223 of the Government Code, the Fair Political Practices
Commission shall automatically provide any list of top 10
contributors created pursuant to Section 84223 of the Government
Code, and any subsequent updates to that list, to the Secretary of
State for purposes of compliance with this section.

(5) Any other information deemed relevant by the Secretary of
State.

(c) Information made available over the Internet pursuant to
this section shall begin delete conform to end delete begin insert meet or exceed end insert the most current,
ratified standards under Section 508 of the federal Rehabilitation
Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web
Content Accessibility Guidelines 2.0 adopted by the World Wide
Web Consortium for accessibility. The Secretary of State may also
implement recommendations of the begin delete Visually Impaired Voter
Assistance Advisory Board end delete begin insert Voting Accessibility Advisory
Committee end insert made pursuant to paragraph (4) of subdivision (b) of
Section 2053.

SEC. 3.  

Section 13300.7 of the Elections Code is amended to
read:

13300.7.  

Notwithstanding any other law, county and city
elections officials may establish procedures designed to permit a
voter to opt out of receiving his or her sample ballot, voter
pamphlet, notice of polling place, and associated materials by mail,
and instead obtain them electronically via email or by accessing
them on the county’s or city’s Internet Web site, provided that all
of the following conditions are met:

(a) The procedures establish a method of providing notice of
and an opportunity by which a voter can notify elections officials
of his or her desire to obtain ballot materials electronically in lieu
of receiving them by mail.

(b) The voter email address or any other information provided
by the voter under this section remains confidential pursuant to
Section 6254.4 of the Government Code and Section 2194 of this
code.

(c) The procedures provide notice and opportunity for a voter
who has opted out of receiving a sample ballot and other materials
by mail to opt back into receiving them by mail.

(d) The procedures establish a process by which a voter can
apply electronically to become a vote by mail voter.

(e) A voter may only opt out of, or opt back into, receiving his
or her sample ballot and other ballot materials by mail if the
elections official receives the request and can process it prior to
the statutory deadline for the mailing of those materials for the
next election, pursuant to Section 13303. If a voter misses this
deadline, the request shall take effect the following election.

(f) The procedures shall include a verification process to confirm
the voter’s identity, either in writing with a signature card that can
be matched to the one on file with the elections official, or if the
request is submitted electronically, it shall contain the voter’s
California driver’s license number, California identification
number, or a partial social security number.

(g) Information made available over the Internet pursuant to
this section shall begin delete conform to end delete begin insert meet or exceed end insert the most current,
ratified standards under Section 508 of the federal Rehabilitation
Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web
Content Accessibility Guidelines 2.0 adopted by the World Wide
Web Consortium for accessibility. Election officials may also
implement recommendations of the begin delete Visually Impaired Voter
Assistance Advisory Board end delete begin insert Voting Accessibility Advisory
Committee end insert made pursuant to paragraph (4) of subdivision (b) of
Section 2053, and of any begin insert local end insert Voting Accessibility Advisory
Committee created pursuant to the guidelines promulgated by the
Secretary of State related to the accessibility of polling places by
the physically handicapped.